Terms of Use - Testers

User Testing Testers Agreement

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These Terms of Use describe the terms and conditions under which you will act as a tester for USERLYTICS Corporation, a company incorporated in Delaware with offices at 700 Lavaca, Suite 1400, Austin, Texas, 78701, USA ("USERLYTICS," "we," "our") for the purposes of participating in qualitative research studies including user experience and usability studies.

For purposes of providing these studies, our service matches up testers to clients who want their or another party's website, advertisement, animation video, website search process, software, software prototype or other element, remotely analyzed via the Internet by testers. The testers may be connected to the Internet from their home, or other Internet connection facility, at their own discretion.

By indicating your acceptance in the "I Agree" field, you are agreeing to abide by and be bound by these Terms of Use. If you do not agree to these Terms of Use, do not fill in the "I Agree" field and you will not be able to act as a tester for USERLYTICS™.

1. Registration

In order to function as a tester for USERLYTICS, you will need to download a software application ("Userlytics Recorder") from our website, USERLYTICS.COM (the "Website"), which will provide you with access to our testing platform, and you will also need to download other SW languages or applications if they are not already installed on your computer. By downloading the Userlytics Recorder, you hereby authorize USERLYTICS to access the computer on which you download the Userlytics Recorder for the express purpose of and to the extent required for your participating as a tester in the qualitative research testing services. You agree to assume full responsibility for any damage caused to your system, any programs, data or information related to or arising from such downloads or the testing services you provide.

When you sign up with USERLYTICS™ to act as a tester, USERLYTICS™ will, through the registration process, collect personally identifiable information about you such as your name, contact information, PayPal account information, race, age, gender, education, employment status and hobbies, and any other information that we request and that you provide, either initially or in follow up questionnaires after registration. You agree to the collection and use of such personally identifiable information, including video images of your face and audio recordings of your voice as part of providing usability testing services. You hereby irrevocably transmit to USERLYTICS the exclusive and full copyright ownership of such video and audio recordings. You represent that the information you provide to USERLYTICS™ will be authentic, accurate and complete and made in accordance with USERLYTICS™ policies and procedures.

In addition, USERLYTICS may collect details of your visits to the Websites or software we ask you to test, including, but not limited to, clickflow, traffic data, location data, weblogs, IP address, operating system, browser type, and other communication data, for the purpose of system administration and fraud prevention.

2.Tester Obligations

You must be of legal age to form binding contracts in your country and state of residence, or your parents must have signed and sent to us their approval of your participation. If you are under 13, you will also need to be accompanied by your parents during the tests.

Before launching a test:

  • Make sure to read and follow all tasks/questions carefully.
  • When answering questions or following instructions, try not to deviate too far from the question/task.
  • As you interact with the asset, make sure to speak clearly and comment out loud on any thoughts you may have during your user experience throughout the test.
  • Your attire and clothing for the test must be appropriate for a public setting, as you may be recorded via your webcam.
  • Do not show (via your screen or webcam) any inappropriate photos, videos, or other content that is not directly related to the purpose of the study.
  • Make sure you have the minimum technical-requirements to perform the test.
    • a.) ADSL or higher speed broadband Internet connection;
    • b.) A fully operational webcam and microphone;
    • c.)System requirements (minimum) CPU: Intel i3 Dual-Core RAM: 4 GB OS: Windows 7 64-bit or MAC OS X 10.9 (Mavericks) and a free disk space of 5 GB
    • d.) A valid e-mail address; and
    • e.) A valid PayPal account for payment processing.

  • Please check that your microphone and webcam are working properly to ensure that there will be no interference with your audio, visual or screen recording during the test.
  • You are responsible for having access to all of the equipment needed to conduct one of our usability tests:

    If you do not comply with the aforementioned requirements your submission may be rejected and you will not be paid for your efforts.

As a tester, you will be asked to work through our testing platform so as to allow Userlytics to:

  • Record your computer screen actions, screen shots, clicks, navigational data and voice as you perform tasks on selected websites or other online or offline elements ("qualitative research testing");
  • Record your facial expressions through the use of your webcam;
  • Answer a series of questions on design, content, user-friendliness, as well as offer ratings and suggestions on these areas; and
  • Record your written commentary and suggestions; and
  • Periodically provide updated profile information to be screened for future qualitative research tests.

USERLYTICS™ makes no representation or warranty that you will be selected to perform testing services.

You agree not to contact clients who have purchased testing services through our Website or through information gained from our Website with the intent of offering your own services directly to the client as a substitute for our services.

You agree to full confidentiality regarding any websites or other online elements or software or software prototypes which you are testing, have tested, or will test, as a result of your participation as a tester for USERLYTICS™, and to not disclose to third parties what tests you have performed for USERLYTICS™, or to copy or record any of the results, or the prototypes, media assets or files and applications tested in whatever form.

You agree not to copy or take screenshots/videos of our qualitative research testing application, prototypes, files, media assets, wireframes or any other information, media asset or concept and/or disclose this information to other testers or third parties, either in person, via the Internet, or any other form of communication.

3. Payments

Payments through USERLYTICS™ are made with the following conditions:

  • You must have a working PayPal account;
  • You are paid a maximum of 30 days after fully completing a test;
  • All payments are made in US $;
  • In the case of US residence, prior to receiving a cumulative total of $600 in a calendar year you will be asked to provide the details for filing a W-9 form;
  • For each transaction, applicable Paypal fees will be deducted by Paypal from your total payment, and;
  • USERLYTICS™ reserves the right in its sole discretion to deny payment to any tester for the following reasons:

  • Incorrect and/or misleading profile information;
  • Poor set-up for purposes of conducting the test (e.g., background noise, no audio, poor sound quality, blocked webcam);
  • Duplicate accounts;
  • Substandard testing;
  • Expired tests, and test results that were not received by USERLYTICS, whatever the reason and/or, Incomplete reports (task not adhered to, not speaking your thoughts outloud during testing); USERLYTICS™ will ONLY pay you for complete, full reports and if the above guidelines have been met. In any event, in the case of tests performed where our client has chosen which specific testers should be invited to perform a test, and has provided us with your contact details or other means to allow us to invite you to participate, and has elected that you should not be paid for the test, Userlytics shall not pay you for performing the test.

4.Personal Information

You can find all the information about our privacy policy here

5.Proprietary Rights in Website Content

USERLYTICS™ is the owner or the licensee of all intellectual property rights in the Website and all information, content, text, graphics, design, compilation, selection and arrangement of elements, organization, software, and other content that make up the Website and/or the testing services (the "Content"). You acknowledge that certain Content available on the Website is protected by copyright laws and treaties around the world, and trademark, patent or other intellectual property rights of USERLYTICS™ or its licensors. Except as expressly provided herein, nothing within the Website or the testing services shall be construed as conferring any license under any of USERLYTICS™ intellectual property rights, whether by estoppel, implication, waiver or otherwise.

Except as otherwise provided herein, you agree that you will not copy, reproduce, alter, reverse engineer, modify, create derivative works, broadcast or publicly display any Content from the Website without the prior express written permission of USERLYTICS™.

All trademarks, service marks, and trade names appearing on the Website are the property of USERLYTICS™ or the respective owners of such marks or names, and are protected by U.S. and international copyright and trademark laws. You agree not to defame or disparage USERLYTICS™ and its trademarks, service marks, and trade names, or any other aspect of the Website or the Content. Any use of the trademarks, service marks, or trade names appearing throughout the Website without the express written consent of USERLYTICS™ or the owner of the mark or name, as applicable, is strictly prohibited.

If and to the extent that you provide any suggestions, improvements, comments, requests for changes or any other ideas, recommendations or reports (hereinafter "Test Results") with respect to any tested sites or your performance as a tester, you hereby assign and agree to assign any and all rights in and to such Test Results to USERLYTICS™ for no additional consideration. You hereby irrevocably assign full and exclusive copyright ownership in all content produced by you whilst conducting a test with the USERLYTICS™ platform, including all audio and video images, for no additional consideration.

6.All rights not expressly granted in these Terms of Use are reserved.

USERLYTICS™ has applied for the registration of the userlytics.com logo as European Community and International registered trade marks of USERLYTICS™ (together the "Trade Marks"). WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND CONTENT IT CONTAINS ARE PROVIDED ON AN "AS IS, AND AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERLYTICS™ DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY USERLYTICS™, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. USERLYTICS™ DOES NOT WARRANT THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT USERLYTICS™) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

USERLYTICS™ MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS, RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE WEBSITE AND THE CONTENT; (2) YOUR USE OF THE WEBSITE AND THE CONTENT; OR (3) ANY THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE.

7.LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL USERLYTICS™, ITS EMPLOYEES, SUPPLIERS OR LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR OR ANY THIRD PARTY'S CLAIM (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE WEBSITE OR THE CONTENT IT PROVIDES, OR ANY OTHER HYPERLINKED WEBSITE OR ANY THIRD PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN IF USERLYTICS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AGGREGATE LIABILITY WHICH USERLYTICS™, ITS EMPLOYEES, ITS SUPPLIERS, AND ITS LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID TO YOU FOR PROVISION OF THE TESTING SERVICES AT ISSUE. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION AND LIMITATION IN THE PRIOR PARAGRAPH.

8.Indemnity

You agree to indemnify and hold harmless USERLYTICS™, its employees, suppliers and licensors, their respective officers, directors, employees, agents, subsidiaries and affiliates, and each of them from any third-party claim, liability, loss, damage, cost or expense (including without limitation reasonable attorney's fees) arising out of or related to your provision of testing services, the Website or any Content it contains; your failure to comply with these Terms of Use; your infringement, violation, or misappropriation of any third party rights; or any violation of applicable laws or regulations.

9.Links to Other Internet Sites

You acknowledge, understand and agree that USERLYTICS™ does not have control over any third party website or software or software prototype for which you provide testing services or for which the Website may link to. USERLYTICS™ will not be responsible or liable, directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, products or services available on such other websites or software or software prototype.

10.Changes to the Terms of Use

USERLYTICS™ reserves the right to discontinue the testing services at any time or otherwise make changes to the services at any time, without notice, and without liability to you or any third party of any kind.

If USERLYTICS™ changes these Terms of Use, it is your responsibility to review them each time you use the Website and/or the Service to ensure you are aware of the latest Terms of Use. By using the Website and/or the Services following any modified Terms of Use by USERLYTICS™, you agree to be bound by those changes. Any disputes arising under these Terms of Use shall be governed by the Terms of Use in effect at the time the claim or dispute arose. Any changes apply prospectively only to new transactions or activities after the date of the change.

11.General Terms

You and USERLYTICS™ are independent parties. Nothing in these Terms of Use will be construed to make You an agent, employee, joint venturer, partner or legal representative of USERLYTICS™. These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein, and shall completely replace any prior agreements, oral or written, between you and USERLYTICS™ in relation to you acting as a tester for USERLYTICS™. You agree that if USERLYTICS™ does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which USERLYTICS™ has the benefit of under any applicable law), this will not constitute a formal waiver of USERLYTICS™ ´rights and those rights or remedies will still be available to USERLYTICS™.

You may not assign or delegate any rights or obligations under these Terms of Use and any purported assignment or delegation shall be ineffective. USERLYTICS™ may freely assign or delegate all rights and obligations under these Terms of Use, fully or partially.

These terms of use shall be governed by the law of the State of Texas, USA You hereby consent to the jurisdiction of the state and federal courts in and for Texas, USA, for the resolution of any dispute arising out of or related to these Terms of Use.

If any court of law, having jurisdiction over the Website and/or the qualitative research testing services, rules that any provision of these Terms of Use is invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the rest of these Terms of Use, which shall continue in full force and effect. USERLYTICS™ may provide notices to you via postings on the Website, via email or via any other means of communication for which you have provided contact information.

Questions, comments and requests in relation to these Terms & Conditions should be sent to USERLYTICS™ via email at info@userlytics.com, or via regular mail to: Userlytics Corporation 700 Lavaca, Suite 1400 Austin, Texas, 78701 USA

Last Updated: June 15th, 2018